Tangential Stories and Authenticity
The plaintiff had been involved in a rear-end collision where she received a serious back injury that required two surgeries. The defense was naturally focused on previous accidents she had years before. As we talked to her about those previous accidents, she told us a story about ending up in a field and being chased by a bull. Not only was it funny, but it struck us as a brilliant way to disprove the defense’s claim that the previous accident caused her current injuries. After all, how could she run from a bull and climb over a barbed wire fence if she was seriously injured? And if the jury is having a laugh at the somewhat silly visual image this testimony evokes, it makes it almost impossible for the defense to convince them that this was a serious accident.
Telling stories that are tangential to the main testimony is a great way to solidify the credibility of the witness. Even if you don’t have an interesting tangent for the jury this strategy can work for the witness. Funny how our memory works; what we remember and what we don’t of any experience. Use that ubiquitous experience to allow the jury to see your witness as credible.
Tags: Witness Preparation
